CHAPTER XII STAFF AND WORKERS
Article 91. The employment, recruitment, dismissal and
resignation of staff and workers of joint ventures, and their
salary, welfare benefits, labour insurance, labour protection,
labour discipline and other matters shall be handled according to
the Regulations of the People's Republic of China on Labour
Management in Joint Ventures Using Chinese and Foreign Investment.
Article 92. Joint ventures shall make efforts to conduct
professional and technical training of their staff and workers and
establish a strict examination system so that they can meet the
requirements of production and managerial skills in a modernized
enterprise.
Article 93. The salary and bonus systems of joint ventures shall
be in accordance with the principle of distribution to each according
to his work, and more pay for more works.
Article 94. Salaries and remuneration of the general manager,
deputy general manager(s), chief engineer and deputy chief
engineer(s), treasurer and deputy treasurer(s), auditor and other
high-ranking officials shall be decided upon by the board of directors.
CHAPTER XIII TRADE UNION
Article 95. Staff and workers of a joint venture have the right
to set up grass-roots trade unions and carry on trade union
activities in accordance with the Trade Union Law of the
People's Republic of China (hereinafter referred to as Chinese
Trade Union Law) and the Articles of Association of Chinese Trade Union.
Article 96. Trade unions in joint ventures are representatives
of the interests of the staff and workers. They have the power to
represent the staff and workers to sign labour contracts with
joint ventures and supervise the execution of these contracts.
Article 97. The basic tasks of the trade unions in joint
ventures are: to protect the democratic rights and material
interests of the staff and workers pursuant to the law; to help
the joint ventures with the arrangement and rational use of
welfare and bonus funds; to organize political, professional,
scientific and technical studies, carry out literary, art and
sports activities; and to educate staff and workers to observe labour
discipline and strive to fulfil the economic tasks of the enterprises.
Article 98. Trade union representatives have the right to
attend as nonvoting members and to report the opinions and
demands of staff and workers to meetings of the board of directors
held to discuss important issues such as development plans,
production and operational activities of joint ventures.
Trade union representatives have the right to attend as nonvoting
members of meetings of the board of directors held to discuss and
decide on awards and penalties to staff and workers, salary
systems, welfare benefits, labour protection and labour insurance,
etc. The board of directors shall heed the opinions of the trade unions
and win its cooperation.
Article 99. A joint venture shall actively support the work
of the trade union, and, in accordance with stipulations of the
Chinese Trade Union Law, provide housing and facilities for the trade
union's office work, meetings, and welfare, cultural and sports
activities. The joint venture shall allot an amount of money
totalling 2 percent of all the salaries of the joint venture's staff
and workers as trade union's funds, which the trade union of the
joint venture shall use according to the relevant managerial rules
for trade union funds formulated by the All China Federation of
Trade Unions.
CHAPTER XIV DURATION, DISSOLUTION AND LIQUIDATION
Article 100. The duration of a joint venture shall be
decided upon through consultation or all parties to the joint
venture according to actual conditions of the particular lines of
business and projects. The duration of a joint venture engaged in an
ordinary project requiring large amount of investment, long
construction periods and low interest rates on funds can be extended to
more than 30 years.
Article 101. The duration of a joint venture shall be stipulated
by all parties to the joint venture in the agreement, contract and
articles of association. The duration begins from the day when the
joint venture is issued a business license.
When all parties to a joint venture agree to extend the duration, the
joint venture shall file an application for extending the
duration signed by representatives authorized by the parties with the
examination and approval authority six months before the date of
expiration of the